All posts by Clifford E. Kirsch, Editor

Eversheds Sutherland With more than 25 years of experience, Cliff regularly counsels clients on the design and distribution of investment products including wrap-fee programs and other advisory products, mutual funds, bank collective investment funds and insurance products. He also focuses on issues related to the design and implementation of compliance programs at financial services firms.

You Can’t Handle the Truth: A Few Good Enforcement Actions from the SEC and FINRA in July 2021

From Brian Rubin and Amanda Oliveira in this month’s column for NSCP Currents:

As this year marks the 30th anniversary of the filming of the movie A Few Good Men, we thought it would make sense to revisit that film, which involved “honor, code, loyalty,” trials, good guys, bad guys, and moral ambiguity. In other words, it involved most of the elements we regularly see in SEC and FINRA enforcement cases. And it involved one of the most iconic speeches ever to appear in a movie.  (For those who haven’t seen the movie, the speech involved handling—or the inability to handle—the “truth.”)

Can you handle the truth about the SEC and FINRA enforcement actions brought in July 2021. . . Read more here.

Indiana Jones and Raiders of the Lost Enforcement Actions: SEC and FINRA Enforcement from June 2021

From Brian Rubin and Sarah Sallis in this month’s column for NSCP Currents:

Forty years ago, in Raiders of the Lost Ark, the world was introduced to Indiana Jones, who hunted for the Lost Ark of the Covenant, while chasing and being chased by Nazis. While Raiders and the other Indy movies were not about investments (as that word is used in common parlance), the first movie did involve extremely valuable gold in its opening sequence, in the form of the fictitious Golden Idol. In addition to treasures, the Indiana Jones movies also concerned good v. bad, fighting, adventure, snakes, and some humor.  In other words, in many respects, they are similar to enforcement actions (other than the snakes) (although we do know some people who might be considered snakes).

Read more here.

Inconceivable: The Princess Bride Fences with SEC and FINRA Enforcement Matters from May 2021

From Brian Rubin and Jessica Rodgers in this month’s column for NSCP Currents:

This year marks the 35th Anniversary of the classic movie, The Princess Bride. According to the movie, the story is about:

Fencing. Fighting. Torture. Revenge. Giants. Monsters. Chases. Escapes. True love. Miracles. 

In other words, many of the elements we regularly see in enforcement actions. “Inconceivable” as it may sound, we can make a case for all of them, with the possible exception of “True love.” (Although, let’s be honest, who among us doesn’t love a cleverly drafted legal argument or a well-written Form ADV?)

Read more here.  As you wish. . . .

InSecurities Podcast — It’s All About Connecting: The Value of PLI’s IA/BD Programs

Thanks to Kurt Wolfe and Chris Ekimoff for having me as a guest on the lastest installment of PLI’s inSecurities podcast.  As someone who tunes in regularly, it was a pleasure for me to do. I enjoyed chatting about broker-dealer and investment adviser regulatory issues, my work with PLI including the upcoming live webcast Securities Law and Practice 2021: How the SEC Works on June 28.

To hear this episode, and other episodes, click here. 


We are not Amused: The Crown and SEC and FINRA Enforcement Matters from April 2021

This month’s securities enforcement article uses the television show “The Crown” as its primary source of inspiration in memory of Prince Philip, Duke of Edinburgh, who died on April 9, 2021; in awe of Oprah’s timing, interviewing skills, ability to get an interview; and out of respect for the Queen, “Her Majesty Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith,” and the Prime Ministers who served under her.  Please note that, as far as we know, “The Crown” did not involve investments in securities. . . Nonetheless, the Netflix television show does involve rules and codes of conduct; intrigue and misdirection; punishment and praise; drama and comedy; and good and evil.

Read more here.